Employment Law

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I have a question about wrongful termination. No. At will,

Hi, my name is...

Hi, my name is ***** ***** I have a question about wrongful termination.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

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Answered in 5 minutes by:
9/6/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,554
Experience: Significant experience in all areas of employment law.
Verified

Hi Greg,

What specifically is your question? I very much look forward to helping you on this matter.

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Customer reply replied 11 months ago
I was working for a trucking company over the road in a different state when I became ill and was admitted to the hospital. It ended up being heart trouble and I have to wear a defribrillator vest and am unable to drive and was fired because of it. The company has stated the day I went into the hospital as my last day of work.

Thank you. I'm truly sorry to hear about your health difficulties. If you were unable to drive, then may I ask why you believe your employer was wrong in letting you go? What do you believe they should have done?

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Customer reply replied 11 months ago
I guess it's really just a question of morality. I understand that I can't drive, but I'm still able bodied to do something else around the office or operating center. I was not given that opportunity even though I asked. What really bothers me is that I never heard from anybody at the company the week I was in the hospital on my death bed. Not one call! I know with it being an at-will state I probably don't have a case, but I would be remissed if I didn't at least ask somebody.
Customer reply replied 11 months ago
Am I to understand that there's no case here?

Thank you for your patience....

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Unfortunately, an employer is not required to create a new position for an employee who is unable to do their job as the result of a disability. I completely understand where you are coming from that from a purely moral standpoint, the right thing to do would be find another job for you and do what can be done to employ you in some other capacity. But this is not required. Only "reasonable accommodations" are required, and if a reasonable accommodation cannot be offered which allows the employee to perform their job safely and effectively, the employer is no longer required to offer employment.

I truly wish I could provide better news but I trust you will appreciate an honest and direct answer to your question so that you can move forward. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,554
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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